Myths vs Facts

Myth 1: Planning staff can deny a project if neighbors object.

Fact: In administrative approvals, which account for over 7,000 of the 7,500 annual applications in Durham, staff have no discretion. If a developer meets all the regulations set forth in the law, planners are required to approve it, even if they receive hundreds of complaints from the community. Decisions based on discretion are reserved for quasi-judicial or legislative processes.

Myth 2: The City Council and County Commissioners vote on every new building.

Fact: Elected officials only handle approximately 300 out of 7,500 annual development applications. Most projects are "by-right," meaning they are approved by professional staff if they follow the existing Unified Development Ordinance (UDO). The elected bodies only step in for legislative changes, such as a Zoning Map Change (rezoning) or ordinance text amendments.

Myth 3: Accessory dwelling units are only an option for wealthy homeowners and will result in exclusively luxury rentals.

Fact: The City of Durham’s ADU Pilot Program provides low-interest construction loans of up to $80,000 at a 2% fixed rate to help eligible homeowners build these units. In exchange, homeowners agree to a 30-year affordability covenant, ensuring the units are rented to tenants earning 80% of the Area Median Income (AMI) or below

Myth 4: The modernization of Durham's zoning rules is currently moving forward.

Fact: The adoption of the new Land Development Code (LDC) was paused indefinitely on February 20, 2026. This "Big Pause" was triggered by legal challenges to a "carve-out" strategy intended to comply with a state law (SB 382) that prohibits down-zoning (reducing allowable density) without the written consent of every affected property owner.

Myth 5: Zoning is only about what type of building (house vs. shop) is allowed.

Fact: While usage is a primary component, zoning provides a comprehensive set of rules for the physical environment, including:

Myth 6: "Incentives" for developers are cash payments from the city.

Fact: In the context of Durham planning, incentives are "ordinance trade-offs" rather than financial payments. For example, the LDC draft proposes density or height bonuses—allowing a developer to build more units or taller buildings than usually permitted—in exchange for the developer providing deed-restricted affordable housing.

Myth 7: Rezoning a property is a quick, private agreement.

Fact: A Zoning Map Change is a structured public process. It typically requires:

Myth 8: "Vested Rights" allow developers to ignore new environmental or safety rules.

Fact: Vested rights protect a property owner's right to complete a project based on the rules in place at the time of their original approval. However, this does not preclude the application of new general regulations that do not affect the allowable type or intensity of use, nor does it stop the city from enforcing rules if a developer fails to comply with the terms of their original permit.

Myth 9: The new UDO (LDC) rewrite was designed only to increase density.

Fact: While the LDC aims to expand housing choice by allowing duplexes and townhomes in more areas, it also contains updated standards for protecting neighborhood character and environmental stewardship. This includes specific "Neighborhood Protection Overlays" to ensure new development matches the scale and form of established historic areas.